Shell Station Workers Aim to Revisit ABC Test on Joint Employers

摘要

Shell Oil gas station workers asked a panel of California appellate justices to break from their own precedent Tuesday and revisit whether the state’s three-part “ABC test,” used todetermine independent contractor status, should be applied to joint employer relationships.The state high court’s 2018 ruling in Dynamex Operations West v. Superior Court created the ABC test, which makes it harder for employers to classify workers as contractors instead ofemployees. The test includes three criteria employers must meet to classify a worker as an independent contractor: showing the worker has freedom from control over how to performthe service, the work is outside the scope of the employer’s business, and the worker is engaged in an independently established trade.